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At the risk of stating the obvious, not all trusts are the same. A revocable trust is a very common type of trust for people to create, and the popularity of a revocable trust likely comes from its most common use - to avoid probate. A revocable trust can do a lot of things, but it may not be the correct type of trust for what you need. If you have someone with special needs - whether that person has a mental or physical disability, substance abuse issue, or other reason to not be able to immediately receive a large sum of assets upon that person’s death - then you may need a special needs … [Read more...]
Three Important Questions You Should Consider Before Meeting With An Estate Planning Attorney
I often sit down to meet with people who want me to do absolutely everything for them, and they are somewhat shocked that I do not tell them everything to do with their estate plan. Sometimes I have to explain that I cannot decide who should get their assets, as I do not know their family situation, nor do I know who they think deserves assets, or who does not. If someone cannot tell me who they want to get assets when they die, I will often suggest my children as potential recipients, as I know they could use the money! I quickly identify this as a bad idea, as I don’t really think that … [Read more...]
Colorado Residents: Benefits Of Working With A Local Estate Planning Attorney
As I drive around the Denver Metro Area, I see the bumper stickers that say “Native” on them. I have also seen variations that say “Not Native, But I Got Here As Quick As I Can,” or “Almost Native.” I fall into the “Not a Native, But I Got Here As Quick As I Can” category. I was born in Portland, Oregon, and I lived there with my family for nearly the first six years of my life. Right before I turned six, my dad got a new job at Hewlett Packard - working in the Loveland location. My family moved to Fort Collins at that time, and I grew up in Fort Collins. I left Colorado to attend … [Read more...]
Something is Better than Nothing: Get your Estate Plan Set Up Now…You Can Adjust Later, If You Need
I completed an estate plan for a client on December 30, 2021. This particular client had first contacted me over two years ago. When we first spoke, the client had a lot of questions on how to proceed. I answered the questions to the best of my ability, and then the client wanted to talk to their insurance agent, CPA, investment advisor, parents, and friends. I let them do so, and the more people they talked to the more different answers and approaches they encountered. After a couple of years of seeking one answer, this client finally contacted me and told me they just wanted to go ahead … [Read more...]
What is the Difference Between a Living Trust and a Revocable Trust?
When I was 19 years old, I left the United States and went to live in Russia for two years as a missionary for my church. Over the course of my two years of service as a missionary, I learned to speak Russian. I used to think I was fluent in Russian, but my definition of fluent has changed over time. There are a lot of topics and words that I never really utilized as a missionary. I achieved a fairly proficient level of competence in speaking Russian, becoming quite conversational. However, I do think I spoke a “church” version of Russian, as many of my conversations revolve around … [Read more...]
Didn’t You Get The Memo? Leaving Specific Gifts for Specific People in Your Estate Plan
It’s December, and many of us are thinking about giving gifts. I have started asking my children what they want as gifts for Christmas presents, and they are thinking about it. Even harder than that, I am trying to figure out what to ask for as a Christmas present for myself. I tend to purchase what I need or want as the need comes up, so when it comes to Christmas gifts, I am also at a loss. I could write out a list and send it to my wife and children as suggestions, but that seems kind of silly, and a little bit too much like work. I tend to make lists of tasks I need to accomplish, but … [Read more...]
What is the difference between doing your Estate Plan Online and using an Estate Planning Attorney?
In the time that I have been working as an estate planning attorney, I have seen a lot of online options to set up an estate plan appear. Some of these websites are free, some are services you pay for, but all of them seem to have the same thing in common: Online services are mostly self-help services that help you create your own will or other estate planning documents. While I suspect most of these online services are set up by people who are either attorneys, or have a working knowledge of the law, I am not completely sure that is the case. Oddly enough, the online services don’t run … [Read more...]
Do I Need An Estate Plan, Will, Or Trust?
I refer to myself as an estate planning attorney, and I prepare estate plans. Oftentimes I will be asked what that means, and I explain that I help people prepare their will, trust, financial power of attorney, medical power of attorney, living will, or other documents related to the end of life. People either understand my further explanation, or have at least heard of the documents I list, so they tend to respond to the explanation by saying something like, “Oh, I get it.” However, some people seem to have an almost angry reaction of, “Well, why didn’t you just say that in the first … [Read more...]
At Home or Virtual: The Benefits of Getting Your Estate Plan Done From Home
I have seen a lot of movies set in the future, where video calls were the preferred method of communication, and apparently that was amazingly cool. In “Back to the Future II” the character Marty McFly (Played by Michael J. Fox) was on a video call with his boss, and then was fired by fax. Apparently this was the futuristic way to communicate in “Back to the Future II.” In “Spaceballs” the president of the Planet Spaceballs, President Skroob, was in the middle of a “nature call” when he took a video call on the wall of the restroom. While it made for a funny scene, I don’t think the future … [Read more...]
How Do I Leave My Car, Boat, House, Money, Family Cabin, Family Business, Family Farm, Monkey, Cat, Dog, or Anything Else To My Family After I Die?
I get asked the question above a lot! OK, so not the whole question at once...mostly I am asked about one part, or the other, and not all of the items at the same time, but I do get asked about how to deal with specific assets quite a bit. I am not sure if people think that each different thing they own needs to be treated separately, or if people are just really concerned about one particular thing, but people ask about how to deal with specific assets all the time. Many times the person asking the question seems most concerned about a particular asset because that asset is so important … [Read more...]
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